accident on 12 June 1999 that the trial of her sons,
along with that of six other co-defendants, was in
process in Tashkent Regional Court, she was
allowed into the court room on 12, 13 and 14 June
1999. Thereafter, she allegedly was refused access.
The author claims that the trial of her sons was
largely held in camera, and that none of the
witnesses, not even witnesses for the prosecution,
were present in the court room despite numerous
requests to this effect by all co-defendants. The
author adds that the presiding judge acted in an
accusatory manner.
the appeals for pardon were submitted to the
Presidential Office on 20 March and 5 September
2000, respectively.
2.8 On 24 July 1999, in alleged violation of
article 137 of the Uzbek Code of Criminal
Procedure, relatives of Uigun and Oibek Ruzmetov,
including the author, were not allowed to meet them
nor to deliver letters. The author claims that while
her sons were in custody, she could meet them only
twice, on 1 August and 23 September 1999.Their
lawyer, hired by the author, was twice refused access
to them in custody after the pronouncement of the
death sentence.
2.6 During the hearing on 13 July 1999, Uigun
and Oibek Ruzmetov testified that they were forced
to confess and described the torture they had been
subjected to. Uigun stated that a pistol, 12 bullets
and drugs were placed into his pocket and that he
signed a form confessing his “guilt” only after being
shown his naked mother and after being told that his
wife would be raped unless he signed the form. They
also asserted that they were interrogated in the
basement of the National Security Service Office in
Tashkent in the absence of a lawyer and were
subjected to torture. Oibek Ruzmetov was allegedly
unable to walk without help after the interrogation.
Uigun and Oibek also testified that they did not have
access to a lawyer of their choosing during the
investigation. Allegedly, the court disregarded all the
testimonies and admitted the evidence obtained
through torture and in the absence of a counsel of the
author’s sons’ choosing.
2.9 The author’s husband was sentenced to five
years’ imprisonment by the Khazorasp Regional
Court on 28 May 1999. The author claims that her
husband was also subjected to torture in custody, as
a result of which he had to be brought to court on a
stretcher on 28 May 1999. The author contends that
she could not attend her husband’s trial that lasted
for only two hours; that her husband was not assisted
by a lawyer during the hearing and was not given an
opportunity to question witnesses or to examine
evidence in court. For the author, the evidence
against her husband was fabricated. Allegedly, Sobir
Ruzmetov was not eligible for amnesty after
pronouncement of his sentence because his conduct
allegedly violated prison regulations.
2.10 According to the author, regular searches,
interrogations and harassment of herself and her
family by officers of Khazorasp District Department
of Internal Affairs continued throughout 2000 and
2001. On 1 April 2001 the author, her handicapped
daughter and three grandchildren relocated to her
other apartment in Pitnak, where they were
subsequently harassed by officers of the Pitnak
Department of Internal Affairs. On 4 April 2001, the
Chief of the Pitnak Department of Internal Affairs
insulted the author, ordered her to remove her
headscarf and threatened to put her in prison.
2.7 On 24 July 1999, the Tashkent Regional
Court sentenced five out of eight co-defendants,
including Uigun and Oibek Ruzmetov, to death. The
court concluded that Oibek Ruzmetov had created an
armed group in 1995, with intent to commit robbery
and to collect money for the purchase of weapons
and the establishment of an Islamic regime based on
the “Wahhabi” ideology. It further found that Oibek
Ruzmetov and other members of the group,
including Uigun Ruzmetov, established a centre in
Burchmullo, Tashkent region, with the intent to blow
up a water reservoir. The court found Uigun
Ruzmetov guilty of a violation of many provisions
of the Criminal Code, including illegal organization
of public unions or religious organizations;
smuggling; illegal possession of weapons, cartridges,
explosive materials or explosive assemblies;
premeditated murder; and production or distribution
of materials threatening public security and public
order. Mr. Oibek Ruzmetov was found guilty of a
violation of similar provisions of the Criminal Code,
as well as of an attempt against the constitutional
order of the Republic of Uzbekistan and sabotage.
On appeal, the Supreme Court upheld the death
sentence on 20 September 1999. An appeal for
review submitted to the Ministry of Justice was
refused on 7 October 1999. The author submits that
The complaint
3.1 The author claims that her deprivation of
liberty by persons acting in an official capacity
between 28 December 1998 and 6 February 1999
without charges, and the subsequent failure of the
State party to investigate these acts, constitutes a
violation of article 9 of the Covenant. These facts
would also appear to raise issues under articles 7 and
17, although these provisions were not invoked by
the author.
3.2 The author contends that she is a victim of a
violation of article 7, in relation to the execution of
her sons of which she was only informed after the
event.
3.3 The author claims that the charges against her
sons were fabricated, and that her sons’ arrest on the
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